Atty

A cellphone belonging to David Anthony Burke, better known as the singer D4vd, contained “a significant amount of child pornography,” a prosecutor said in court Thursday morning.

Los Angeles County Deputy Dist. Atty. Beth Silverman made the claim during a court proceeding to schedule a preliminary hearing on murder charges in the killing of 14-year-old Celeste Rivas Hernandez. The images were uncovered as part of a broad series of search warrants executed on Burke’s phone and iCloud account, Silverman said.

Burke’s attorneys have insisted he is innocent and are demanding his preliminary hearing begin next week, meaning evidence in the closely followed case could become public as soon as May 1. He appeared in court Thursday in an orange jail jumpsuit and walked into court with his hands in his pockets.

A status hearing was set for April 29. Silverman and a district attorney’s office spokesperson declined to comment outside the courtroom. The singer’s attorney, Blair Berk, also declined to comment.

The D.A.’s office spokesperson declined to say if the child sex abuse material allegedly found on Burke’s phone was related to Hernandez or another victim.

Burke was arrested by Los Angeles police last week and charged Monday with murder, continuous sexual abuse of a child and corpse mutilation, according to a criminal complaint. He has pleaded not guilty.

Defendants have a right to have a preliminary hearing, in which a judge determines whether prosecutors have enough evidence to bring a case to trial, within 10 business days. But Berk’s push to move quickly is unorthodox. She has publicly grilled Silverman about needing access to more discovery materials, and the medical examiner’s report detailing how Hernandez died was not made public until Wednesday.

Joshua Ritter, a former L.A. County prosecutor, said Berk was playing a “hell of a game of chicken” but she may be aiming to pressure test the prosecution’s case.

“The defense might want to put the D.A. on their heels if they feel for some reason there was a rush to make an arrest. But this case is nearly the opposite of that,” he said. “They’ve had more than adequate time … this does not seem like a situation where the D.A. made a hasty decision to file.”

Silverman said police amassed “40 terabytes” of digital evidence in the case, which has made uploading and transmitting materials to the defense difficult. Silverman also said police had conducted a wiretap operation in the case, but did not disclose the nature of it. The veteran prosecutor said even she had “not received anything” related to that operation.

She also confirmed prosecutors convened three secret grand jury hearings after Hernandez’s death — two in November and December in 2025 and one in February. Those were investigative grand jury hearings, meaning prosecutors could use them to enshrine testimony against Burke, but could not use the proceedings to secure an indictment against Burke. Transcripts from all three hearings will also need to be unsealed.

L.A. County Superior Court Judge Charlaine Olmedo also warned Berk that if she does push for the immediate preliminary hearing, she may not have access to the entire compendium of evidence before May 1.

Ritter also mused that Burke could be pushing his attorneys to fight the case without delay. Beyond that, he said, the approach “makes no sense.”

“The defense is seven months behind the eight ball on this. They not only have the grand jury transcripts to catch up on but who knows what kind of digital forensics and wiretaps and everything else,” he said.

Silverman also seems intent on bringing the case to trial as soon as possible. Silverman noted Thursday marked the one-year anniversary of the date prosecutors believe Hernandez was killed, and said she intended to put the case before a jury within 60 days of the completion of a preliminary hearing.

The singer allegedly began sexually abusing Hernandez in September 2023, when she was just 13. Burke’s attorneys have said the case cannot stand up to scrutiny and pushed for the immediate preliminary hearing.

Hernandez was reported missing from her family’s Lake Elsinore neighborhood three times in 2024, and she was spotted at some of D4vd’s concerts during that time frame.

Prosecutors allege Hernandez was last seen at Burke’s Hollywood Hills residence on April 23. She “threatened to expose his criminal conduct and devastate his musical career,” according to L.A. County Dist. Atty. Nathan Hochman, though the prosecutor has not answered questions about whether Hernandez was going to report Burke to police.

Burke surged in popularity after one of his tracks was included in the wildly popular video game “Fortnite,” and he has also collaborated with artists like 21 Savage. He was beginning to tour in support of his debut album, “Withered,” when reports surfaced linking him to Hernandez’s death. He quickly canceled all shows.

The details of the crime echoed some of the violent imagery associated with Burke’s songs. The Queens-born vocalist has appeared in a music video filled with violent imagery: a young woman with an apparent chest wound lies on a bed as the singer hovers over her, blindfolded, his white shirt spattered with blood. In another video, “One More Dance,” D4vd drags a person — who bears the singer’s likeness — to a car, where a couple stuffs the person into the trunk.

Hernandez’s badly decomposed body was found in the trunk of a Tesla at a Hollywood tow yard last September. An autopsy report made public this week revealed she died from a pair of stab wounds to the chest and abdomen. When police arrived on the scene, they found Hernandez’s body was “dismembered” and two of her fingers had been amputated, according to the medical examiner’s report.

Prosecutors charged Burke with murder with special circumstances, including allegations that Hernandez was a witness to a crime — her own sexual abuse — and that Burke killed her for financial gain to protect his ascendant music career. If convicted as charged, he faces life in prison without the possibility of parole or the death penalty. Prosecutors have yet to decide if they will seek capital punishment in the case.

California built its tradition of open government — including for citizen boards that set the rules for such functions as automotive repair and security guard licensing — precisely to keep well-funded corporate interests in check. Lobbyists and special interests are constantly scheming to defeat the will of the majority. Now they are able to do more damage using artificial intelligence to simulate fake grassroots opposition to clean air measures, and they are surreptitiously using the identities of real people to deceive regulators.

Last June, the South Coast Air Quality Management District received more than 20,000 comments opposing a pair of clean air rules that would have prevented 2,500 premature deaths and 10,000 new cases of asthma. A February investigation by the Los Angeles Times revealed that those comments were submitted through CiviClick, a Washington-based AI-powered comment generation platform, orchestrated by a local political consultant with ties to the natural gas industry. When the district’s cybersecurity team reached out to a small sample of commenters to verify their identities, a majority of respondents said that they had not submitted the comments in their names.

Even so, the flood of fake comments seemingly worked. These rules, vehemently opposed by the natural gas industry, already watered down by the district to near-toothlessness, were ultimately rejected by the board — apparently overwhelmed by the flood of fake opposition to even the mildest effort to limit pollution from gas-burning appliances.

This Southern California campaign was not an isolated incident. A recent investigation by the San Francisco Chronicle also revealed that an industry front group used Speak4, a platform that advertises its use of AI, to submit dozens of comments regurgitating talking points from the fossil fuel industry in an attempt to weaken and delay clean air rules in the Bay Area. The scheme was exposed when 10 residents whose identities were used on these emails said they absolutely did not send them, calling the messages “forged.”

In both cases, organizations submitted emails and comments to regulators using real people’s identities without their knowledge or consent. This playbook has been employed in other states: CiviClick was used by fossil fuel companies to support a gas-pipeline-expansion project in North Carolina last year. When elected officials reached out to a few respondents to verify the messages, some constituents stated they had no knowledge of the emails sent under their names.

The opposition campaign to South Coast’s clean air rules was run by one of the state’s most powerful lobbying firms. Its client list includes Sempra, the parent company of SoCalGas, which opposed the clean air standards, which would have encouraged the sale of pollution-free heat pumps and threatened the utility’s business.

The industry front group using AI to undermine clean air rules in the Bay Area, Common Sense Coalition, also has ties to fossil fuel companies. Common Sense Coalition is a project of the Bay Area Council, a local business group that features members such as the Western States Petroleum Assn., Chevron, Martinez Refining Co. and Phillips 66.

The question of whether fossil fuel interests financed astroturf AI campaigns to defeat clean air rules should be answered through full investigations, which also ought to address whether the campaigns committed fraud and identity theft.

Californians deserve to know what is going on — how AI was used, where the lobbyists got the names and addresses they attached to the robo-messages and who paid for the deceptive campaigns. What’s most concerning is the use of actual residents’ identities — without their knowledge or consent — to oppose life-saving clean air standards.

Top law enforcement officials should be investigating — including Atty. Gen. Rob Bonta, Los Angeles Dist. Atty. Nathan Hochman and San Francisco Dist. Atty. Brooke Jenkins.
If the law on using a person’s name in a scheme to thwart action by a public agency is not clear enough to support prosecutions, then the law needs to be tightened up — and there is legislation, Senate Bill 1159, aiming to do that.

If this seems like a niche issue, I can assure you it is not. I spent 17 years at the helm of the California Air Resources Board, and I am deeply disturbed by the potential co-opting of public input processes using forgery through automated tools. Gathering public input is fundamental to the legitimacy of regulatory agencies.

We frequently heard from individuals or business associations concerned about the cost or burden of proposed regulation, and we worked hard to understand and tailor our rules to make them as streamlined and cost-effective as we could, while still making progress toward reducing the air and climate harms of a wide array of equipment and activities.

The destruction of meaningful public input through deceit isn’t just an environmental issue; it’s a democracy issue — and it demands urgent attention and accountability. California should draw the line to protect our democratic institutions.

Mary Nichols was chair of the California Air Resources Board, where she occupied the attorney seat. She is distinguished counsel to the Emmett Institute on Climate and Sustainability at UCLA Law School.

WASHINGTON — Atty. Gen. Pam Bondi was subpoenaed Tuesday to answer questions from Congress about the Justice Department’s sex trafficking investigation of Jeffrey Epstein and the agency’s handling of millions of files related to the disgraced financier.

Bondi was ordered to appear for a deposition on April 14 by the Committee on Oversight and Government Reform after a vote earlier this month that five Republicans supported.

The Justice Department’s failure to fend off the subpoena from the Republican-led committee underscores widespread discontent among President Trump’s own base over Bondi’s management of the review and release of a trove of documents from the criminal investigation into Epstein.

“The Committee has questions regarding the Department of Justice’s handling of the investigation into Jeffrey Epstein and his associates and its compliance with the Epstein Files Transparency Act,” Rep. James Comer, the Republican chairman, said in a letter to Bondi.

“As Attorney General, you are directly responsible for overseeing the Department’s collection, review, and determinations regarding the release of files pursuant to the Epstein Files Transparency Act, and the Committee therefore believes that you possess valuable insight into these efforts,” he wrote.

The department on Tuesday called the subpoena “completely unnecessary.” Bondi and Deputy Atty. Gen. Todd Blanche were expected to provide a private briefing Wednesday to members of the committee.

“Lawmakers have been invited to view the unredacted files for themselves at the Department of Justice, and the Attorney General has always made herself available to speak directly with members of Congress,” the department said in a statement. The agency said it looks forward to “continuing to provide policymakers with the facts.”

The Trump administration has faced constant political headaches since the rollout of the files began in December, with critics accusing the department of hiding certain documents and over-redacting files. In other cases, victims have slammed the department for sloppy redactions that revealed their sensitive information.

The Justice Department has fiercely defended its handling of the Epstein files, saying it worked as quickly and diligently as possible to review and release millions of documents required under the law. The department has denied any accusations that it used redactions to protect certain people or improperly withheld certain materials. And it has said it immediately worked to fix any redaction errors raised by victims.

Richer writes for the Associated Press.

Good morning, and welcome to L.A. on the Record — our City Hall newsletter. It’s Noah Goldberg, with an assist from David Zahniser and Melissa Gomez, giving you the latest on city and county government.

Former Deputy City Atty. Michelle McGinnis wants to know why she was escorted out of City Hall in front of her colleagues, forced to turn in her work computer and placed on administrative leave in April 2024.

In her search for answers, a separate issue has arisen: whether her former boss is withholding or deleting text messages.

In a lawsuit against the city, McGinnis subpoenaed text messages about her between City Atty. Hydee Feldstein Soto and one of her top deputies, Denise Mills.

But according to a new petition that McGinnis filed in Los Angeles County Superior Court, Feldstein Soto produced zero text messages between her and Mills, and Mills produced just three with Feldstein Soto. The subpoena also asked for messages on Signal and other apps.

McGinnis’ lawyer, Caleb Mason, said the lack of texts strains credulity and probably means that some were deleted or withheld. McGinnis, who headed the criminal branch of the City Attorney’s Office, was fired in January 2025.

“It is obviously relevant and critical … to see what Ms. Feldstein [Soto] and Ms. Mills were saying to one another about Ms. McGinnis … that led to the extraordinary and unprecedented action of escorting a Branch Chief out of the building,” Mason wrote in a Feb. 23 brief.

A deputy city attorney representing Feldstein Soto and Mills disputed Mason’s claims in court filings, calling the new petition “uncomprehensible [sic]” and asserting that the two officials complied with the subpoenas. The attorney also sent 2,061 pages of documents to Mason.

Feldstein Soto, in a declaration, said that she “diligently searched for any documents” and shared them with her lawyer.

Mills said she did the same. In an effort to “retrieve any backup text messages,” she performed a factory reset of her phone on Jan. 30. McGinnis said the subpoenas were served on Dec. 15.

McGinnis’ lawyer said that was tantamount to spoliation — or destruction of evidence.

“Every court and every attorney in the country knows that ‘performing a factory reset’ means erasing information from a phone,” he wrote.

“It is reckless or negligent to reset a device when you know the opposing party is seeking that info,” said Laurie Levenson, a professor of law at Loyola Law School.

Still, Levenson said, politicians and lawyers often prefer speaking in person or on the phone to avoid their communications being exposed in a lawsuit. So it’s possible that the two didn’t exchange many text messages.

Feldstein Soto said in a statement that she has turned over all text messages about McGinnis. “There is nothing new here,” she said. “Ms. McGinnis was terminated, for cause. We remain confident in that decision.”

The city has argued that McGinnis “routinely opposed” Feldstein Soto’s policy and prosecutorial decisions.

McGinnis was placed on administrative leave due to a “pattern of insubordination and failure to meet minimal job requirements,” the city wrote in a legal filing in 2024.

The lawsuit that McGinnis filed against the city in 2024 alleged that Feldstein Soto retaliated against McGinnis and made prosecutorial decisions based on “personal relationships” or “perceived political gain.” The lawsuit also accused Feldstein Soto and Mills of “inappropriate alcohol consumption” in the office.

Other local politicians have also coughed up remarkably few text messages in response to public records requests.

Mayor Karen Bass came under scrutiny following the Palisades fire over the fact that her text messages auto-delete after 30 days, destroying potentially critical information about her decisions surrounding the devastating blaze. The Times sued the city after Bass’ counsel argued that her texts were “ephemeral” and not subject to public records requests. L.A. County Supervisor Kathryn Barger also said she auto-deletes messages after 30 days — and sometimes manually deletes them.

City Council President Marqueece Harris Dawson, meanwhile, turned over zero texts, emails, Signal and WhatsApp messages in response to a Times public records request for his communications with Bass from Jan. 6 to Jan. 16, 2025 — before, during and after the Palisades fire.

Harris-Dawson’s office said it had “conducted a search and found no responsive records for this request.”

State of play

— IDK, VOTERS SAY: A majority of Angelenos have not made up their minds about the June 2 mayoral primary, according to a poll released this week. Bass had the most support at 20%, while reality TV star Spencer Pratt had 10% and Councilmember Nithya Raman had 9%, the poll found.

— HOMELESS DEATHS DROP: For the first time in the decade that homeless mortality has been tracked in Los Angeles County, fewer people have died on the streets and in shelters than the year before, the Department of Public Health reported Tuesday. A sharp decrease in overdose deaths drove a decline of 10% in the rate of homeless deaths from all causes in 2024, the most recent data analyzed by the county.

— LAST-MINUTE MEMO: The City Council was set to vote on a $177-million contract for the Legal Aid Foundation of Los Angeles to continue representing tenants for the next three years, with other groups providing related services. But the night before the March 3 vote, Feldstein Soto sent a confidential memo to council offices recommending that council members “reconsider the award of such a large contract to a frequent litigant against the city.”

The council approved the contract, with changes, a week later.

— CAMPAIGN REVELATION: Community organizer Jordan Rivers, who is running against incumbent Tim McOsker to represent Council District 15, said he will continue his campaign after a report surfaced that he stabbed a neighbor when he was 12. Rivers, now 22, stabbed the 8-year-old boy in the neck and shoulders, inflicting “severe and life threatening physical and emotional injuries,” a lawsuit said. On Monday, Rivers said it was an “accident” that happened a decade ago.

“I do not believe that past situations or indeed past mistakes define or determine who a person is or what they are,” he said.

— LAPD REFORMS: A series of proposed changes to the city’s charter — essentially its constitution — could give elected leaders in Los Angeles more oversight over the Police Department and enable the police chief to fire problem officers. The changes, recommended by the city’s Charter Reform Commission, have long been sought by advocates and are likely to face fierce opposition.

— SUPE SPEAKS: Embattled Los Angeles schools chief Alberto Carvalho made his first public statement since the FBI raided his home and district office on Feb. 25. He denied any wrongdoing and asked to return to his duties.

“While the government’s investigation remains ongoing, no evidence has been presented by prosecutors supporting any allegation that Mr. Carvalho violated federal law,” the statement said.

— A WEEK OF WIPEOUTS: With city officials finalizing the list of candidates for the June 2 election, a number of hopefuls failed to gather enough signatures to qualify for the ballot. They include community leader Eddie Ha, publicist Dory Frank and entrepreneur Jeremy Wineberg on the Westside; residential connectivity specialist Rosa Requeno on the Eastside; neighborhood council member Jon Rawlings in the San Fernando Valley; and neighborhood council president Adriana Cabrera, civil rights attorney Chris Martin and social worker Michelle Washington in South L.A.

— REWORKING ULA (TAKE 3): The City Council voted Wednesday to create an ad hoc committee to look at potential changes to Measure ULA, the tax on high-end property sales passed in 2022. City leaders have made two previous moves to rewrite the measure, neither of which succeeded.

— VOTING OLYMPIC VALUES: The council voted Friday to “express concern” about LA28 Olympics committee chairman Casey Wasserman, saying his appearance in the Epstein files poses a “potential conflict” with the values of the Olympic movement. Several elected officials at City Hall, including Bass, had already called for Wasserman to step down.

— MEETING OF MAYORS: On Friday, about 20 mayors and city council members from across L.A. County, including Bass, came together to discuss the impact that immigration raids have had on their communities. Many raised concerns about the role of local law enforcement in allowing federal agents to act with what they described as impunity.

One mayor suggested that all the cities that contract with the L.A. County Sheriff’s Department should get together to demand accountability for deputies in their interactions with immigration agents.

QUICK HITS

• Where is Inside Safe? The mayor’s signature program went to Washington and Lincoln boulevards in Councilmember Traci Park‘s district, bringing more than 20 people inside, according to a mayoral spokesperson.
• On the docket next week: The Los Angeles chapter of the Democratic Socialists of America will meet on Saturday, March 21, at Immanuel Presbyterian in Koreatown. Members are expected to vote on whether to make an endorsement in the mayoral primary.

Stay in touch

That’s it for this week! Send your questions, comments and gossip to LAontheRecord@latimes.com. Did a friend forward you this email? Sign up here to get it in your inbox every Saturday morning.